High Court Judge Bahati Mwamuye has ordered the government to pay Ksh. 3.5 million in general and aggravated damages to businessman Abdiqiadar Omar Osman for deporting him to Somalia without following proper legal procedures.
The court also confirmed that Osman is a Kenyan citizen by birth, ruling that the actions taken against him were unlawful, illegal, and unconstitutional.
In her judgment, Justice Mwamuye stated that Osman’s arrest in May 2018, while he was traveling from Kampala to Kenya, was arbitrary and violated his constitutional rights.
Through his lawyer, Danstan Omari, the court was told that authorities failed to inform Osman of the reasons for his arrest, denied him access to legal counsel, and did not present him before a court within the 24-hour period required under Article 49 of the Constitution.
Instead, authorities took Osman to the immigration offices at Nyayo House and deported him to Somalia without any extradition proceedings or a lawful deportation order.
The judge ruled that forcibly removing Osman from Kenya without due process violated his rights to liberty, human dignity, and fair administrative action.
The court highlighted that Osman holds a Kenyan birth certificate and a national identity card, confirming his citizenship.
It also addressed confusion caused by a similarity of names with another individual, noting that the authorities’ failure to properly verify identity documents before taking action amounted to a serious administrative lapse.
Justice Mwamuye issued an order of certiorari, quashing the government’s decision to deport Osman from Kenya.
The court also granted an order of mandamus, compelling the government and its agents to allow him peaceful entry, residence, and the right to conduct business in the country.
Additionally, the court issued an order of prohibition, restraining authorities from arresting, detaining, deporting, or in any way interfering with his lawful stay and work in Kenya.
The Ksh. 3.5 million awarded to Osman will accrue interest at court rates, and the government was ordered to cover the costs of the petition.
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